The First Instance Verdict In The Case Of "6 BB Guns Were Identified As Firearms": Constituted A Crime But Exempted From Punishment

Mo Jianbo, a 27-year-old man, was prosecuted by the Guangzhou Liwan District Procuratorate because six imitation guns with plastic BB bullets in his collection were identified as non-standard firearms. The "Sentencing Recommendation" issued by the Guangzhou Liwan District Procuratorate recommended that Mo Jianbo be sentenced to 3 years in prison.

On August 10, The Paper learned from Mo Jianbo’s defense lawyer Zhou Yuzhong that the Guangzhou Liwan District Court had recently issued a first-instance verdict on the case, convicting Mo Jianbo of illegal possession of firearms and exempting him from criminal punishment; Firearms shall be confiscated.

According to the first-instance judgment, the Liwan District Court held that Mo Jianbo violated gun management regulations and illegally possessed guns. His behavior had violated criminal laws and constituted the crime of illegal gun possession and should be punished in accordance with the law. Regarding the specific sentencing, the Liwan District Court stated that based on the evidence in the entire case, Mo Jianbo purchased the guns involved in the case at prices ranging from 120 yuan to 1,300 yuan on Yide Road and Taobao stores in Yuexiu District since 2006 out of hobby. shape object. The six gun-shaped objects identified as guns all used plastic projectiles as projectiles, and their muzzle specific kinetic energy was all low. When investigators searched his residence, Mo Jianbo actively cooperated and did not evade the investigation of the public security organs. After he was brought to justice, he truthfully confessed the facts of the crime. Mo Jianbo has a fixed occupation and has no criminal record. The court held that Mo Jianbo’s crime was minor and no punishment was needed.

6 BB guns were identified as firearms, and the prosecutor had recommended a 3-year sentence

The Paper previously reported that Mo Jianbo is from Guangzhou and lives in Yuexiu District, Guangzhou. On September 17, 2020, Guangzhou Liwan police found 22 gun-like objects at Mo Jianbo’s residence. On the same day, Mo Jianbo was detained on suspicion of illegally manufacturing and selling firearms. It was later identified that 6 of the 22 gun-like objects were non-standard firearms powered by compressed gas to launch projectiles.

Mo Jianbo’s father, Mo Zhicheng, told The Paper that Mo Jianbo had liked playing with imitation guns since he was a child. Since 2006, he would go to a store near Yide Road in Yuexiu District, Guangzhou to buy imitation guns every year before the Spring Festival. In 2009, one of the shop owners, Wang Guoqi, was taken away by the police for selling imitation guns, and the imitation gun market on Yide Road was rectified. Since then, Mo Jianbo has purchased imitation guns online. As of the incident, Mo Jianbo had 22 imitation guns for him to play with at home.

Mo Zhicheng said that the six imitation guns identified as non-standard firearms were all BB guns with plastic BB bullets. They were bought by Mo Jianbo from shops and stalls near Yide Road, Yuexiu District, Guangzhou; in 2009 After that, most of the imitation guns that Mo Jianbo bought online were model guns or water bomb guns. Mo Jianbo’s defense lawyer Zhou Yuzhong told The Paper that according to Mo Jianbo’s multiple confessions, the six imitation guns identified as non-standard firearms were all BB guns, and they were all purchased by him from 2006 to 2009. Purchased near Delu.

Relevant appraisal reports show that among the 22 gun-like objects, 6 are non-standard guns that use compressed gas as power to launch projectiles, equipped with plastic projectiles with a diameter of 6 mm, and their specific kinetic energy values ​​are 3.2 Joules/cm2, 4.39 Joules/cm², 3.37 Joules/cm², 10.3 Joules/cm², 5.79 Joules/cm² and 1.95 Joules/cm².

In May 2021, the case was heard in Liwan District Court.

The Liwan District Procuratorate believes that Mo Jianbo ignored national laws, violated gun management regulations, and illegally possessed guns. The circumstances were serious and he should be held criminally responsible for the crime of illegal gun possession.

The Paper noted that the "Sentencing Recommendations" previously issued by the Liwan District Procuratorate showed that Mo Jianbo illegally possessed six guns, which was a serious crime and his legal sentence was between three and seven years in prison. After being brought to justice, Mo Jianbo will be given a lighter punishment if he truthfully confesses his crime. Mo Jianbo voluntarily pleads guilty and accepts punishment, and may be treated leniently in accordance with the law. In summary, it is recommended that Mo Jianbo be sentenced to 3 years in prison.

The first-instance verdict showed that Mo Jianbo had no objection to the fact that the public security organs seized gun-like objects from his residence, arguing that the seized gun-like objects should not be classified as guns and did not constitute a crime.

Mo Jianbo's defense lawyer Zhou Yuzhong believes that of these 6 BB guns, 4 have a specific kinetic energy of less than 5.4 Joules/cm2 and 2 of them have a specific kinetic energy of less than 10.8 Joules/cm2. They were purchased by Mo Jianbo before 2010. At that time, the gun standard requirement of specific kinetic energy of 16 joules/cm² (i.e., "skin-penetrating") did not violate the regulations. The standard of 1.8 joules per square centimeter, that is, "can damage the eyes", is now used as the standard for identifying firearms. First, this standard is too stringent and has been controversial. Second, it also violates the principle of non-retroactivity of laws.

Court of First Instance: The crime was minor and exempted from criminal punishment

The Paper inquired and found that in 2001, the Ministry of Public Security formulated the "Regulations on the Performance Appraisal of Firearms and Ammunitions Involved by Public Security Agencies", which uses an intuitive judgment method and stipulates that when a 25 mm thick pine board is shot at a distance of 1 meter, when the projectile is stuck on the pine board ( Note: According to relevant research, the critical point of its specific kinetic energy is about 16 joules/cm2), which can be considered to be enough to cause harm to people and can be recognized as a gun. However, the intuitive judgment method is greatly affected by the material, hardness, shooting angle and projectile shape of the pine board, making the inspection operation difficult to master and easily causing ambiguity in the judgment conclusion. In order to scientifically determine the inflicting power of firearms, in accordance with the internationally accepted method of using the kinetic energy or specific kinetic energy of bullets, in 2007, the Ministry of Public Security formulated the "Criteria for the Forensic Scientific Identification of the Inflicting Power of Firearms", which determined The specific kinetic energy numerical standard for the damage force of firearms is 1.8 joules/cm². According to the "Criteria for the Forensic Scientific Appraisal of the Injurious Power of Firearms", in 2010, the Ministry of Public Security re-enacted and issued the "Regulations on the Performance Appraisal of Firearms and Ammunition Involved in Cases by Public Security Agencies" which clarified that when the muzzle specific kinetic energy of the fired projectiles is greater than or equal to 1.8 Joules/square Centimeters are always considered firearms.

In this regard, the Liwan District Court held that the "Firearms Management Law" only clarified the characteristics of the power, launching tools, projectiles and performance of firearms, but did not stipulate specific quantitative standards. According to the "Firearms Management Law", the Ministry of Public Security, as the competent department for gun management, has the right to formulate relevant regulations on the identification standards of firearms. Therefore, this case is based on the "Regulations on the Identification of Firearms and Ammunition Involved by Public Security Organs" and the "Inspection Methods of Firearms". Legal and valid.

Mo Jianbo’s defender believes that Mo Jianbo does not have the subjective intention to commit gun-related crimes. In this regard, the Liwan District Court stated that after investigation, based on Mo Jianbo's stable confession and the inspection of his residence, Mo Jianbo was a gun enthusiast. Mo Jianbo confessed that he knew that the state stipulated that guns with muzzle specific kinetic energy exceeding 1.8 joules/cm2 were illegal, and that some of the 22 guns he held were capable of being fired, and that they could be fired. The muzzle specific kinetic energy of 5 to 6 of the guns may exceed 1.8 Joules/cm². In addition, Mo Jianbo also confessed that he believed that as long as he did not take the gun-like object out with him, no one would know about it. His purchase records of the water gun and related accessories purchased in the online store were all deleted after the purchase. It can be seen that Mo Jianbo was fully aware of the possibility of illegality in his possession of a gun-like object, and also took some evasive behavior when he was found to be holding a gun-like object.

Mo Jianbo’s defender believes that the gun involved in the case was purchased by Mo Jianbo between 2006 and 2009. According to the standards set by the Ministry of Public Security in 2019, identifying the gun-like object involved in the case as a gun violates the principle of non-retroactivity of the law. In this regard, the Liwan District Court believed that this case was to evaluate Mo Jianbo’s illegal possession of firearms. Possession is a continuous behavior. Therefore, it was determined that the gun-like object involved in the case was a firearm based on the standards established by the Ministry of Public Security in 2019. Legal and valid.

The Liwan District Court stated that, in summary, Mo Jianbo's behavior constituted the crime of illegal possession of firearms. The facts of the crime charged by the public prosecution against Mo Jianbo were clear, the evidence was reliable and sufficient, and the charges were established, and the court supported them. The court did not accept the defense opinion of the defender that Mo Jianbo did not commit a crime.

As for the specific sentencing, the Liwan District Court stated that based on the evidence in the entire case, since 2006, out of hobby, he purchased the gun-like objects involved in the case at prices ranging from 120 yuan to 1,300 yuan on Yide Road and Taobao stores in Yuexiu District. The six gun-shaped objects identified as guns all used plastic projectiles as projectiles, and their muzzle specific kinetic energy was all low. When investigators searched his residence, Mo Jianbo actively cooperated and did not evade the investigation of the public security organs. After he was brought to justice, he truthfully confessed the facts of the crime. Mo Jianbo has a fixed occupation and has no criminal record. The court held that Mo Jianbo’s crime was minor and no punishment was needed.

On the afternoon of August 10, Zhou Yuzhong told The Paper that they learned of the above-mentioned first-instance verdict on the 10th, and they still need to consider whether to appeal.